Patna High CourtCR. MISC./6661/2023bail granted

Rajesh Pandey v. The State Of Bihar

2023-05-10Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6661 of 2023 Arising Out of PS. Case No.-187 Year-2022 Thana- ITARHI District- Buxar ====================================================== RAJESH PANDEY S/o Late Banshidhar Pandey R/o Village- Itarhi, P.S.- Itarhi, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with POCSO Case No. 66 of 2022, arising out of Itarhi P.S. Case No. 187 of 2022, registered for the offences punishable under Sections 363, 366(a)/34 of the Indian Penal Code and Section 4 of the POCSO Act.

At the very outset, the learned counsel for the petitioner has submitted that the victim has solemnized marriage with the petitioner and she is residing with him in Hyderabad. She has specifically stated in her statement under Section 164 of the Cr.P.C. that after solemnizing marriage with the petitioner, she is living in Hyderabad.

Patna High Court CR. MISC. No.6661 of 2023(2) dt.10-05-2023 2/2 Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-cum-Special Court of POCSO Act, Buxar in connection with POCSO Case No. 66 of 2022, arising out of Itarhi P.S. Case No. 187 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T